Restoration of the Discussion on the Possibility of Compensation for Moral Damage to a Legal Entity

In this article, the author analyses the current situation of the institution of compensation for moral damage to a legal entity. The author examines historically established approaches to compensation for moral damage to a legal entity and what changes they have undergone at the present time. The author concludes that there are no prerequisites for changing approaches to protecting the intangible rights of legal entities and individual entrepreneurs, and the current regulation is sufficient to protect the intangible rights of victims. The author substantiates the position that the proposals put forward to reform legislation in order to compensate for damage to non-material rights belonging to legal entities and individual entrepreneurs are based on a misinterpretation of the institution of compensation for moral damage and incomplete coverage of the means of protection provided by tort law. Based on the results of the study, the author describes an algorithm for protecting the non-property rights of legal entities and individual entrepreneurs within the framework of current legislation, including the use of the institute for compensation for moral damage, which provides full protection in all cases of harm to the relevant rights.

Authors

Publication Details

Journal
Zakon
Published
2025-05-01
DOI
https://doi.org/10.37239/0869-4400-2025-22-5-47-60
Primary Topic
Educational Reforms and Innovations
Type
article
Field-Weighted Citation Impact
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article

Restoration of the Discussion on the Possibility of Compensation for Moral Damage to a Legal Entity

E.A. EVSTIGNEEV
Zakon
Educational Reforms and Innovations
article

Restoration of the Discussion on the Possibility of Compensation for Moral Damage to a Legal Entity

E.A. EVSTIGNEEV
article en

Abstract

In this article, the author analyses the current situation of the institution of compensation for moral damage to a legal entity. The author examines historically established approaches to compensation for moral damage to a legal entity and what changes they have undergone at the present time. The author concludes that there are no prerequisites for changing approaches to protecting the intangible rights of legal entities and individual entrepreneurs, and the current regulation is sufficient to protect the intangible rights of victims. The author substantiates the position that the proposals put forward to reform legislation in order to compensate for damage to non-material rights belonging to legal entities and individual entrepreneurs are based on a misinterpretation of the institution of compensation for moral damage and incomplete coverage of the means of protection provided by tort law. Based on the results of the study, the author describes an algorithm for protecting the non-property rights of legal entities and individual entrepreneurs within the framework of current legislation, including the use of the institute for compensation for moral damage, which provides full protection in all cases of harm to the relevant rights.

ZakonVol. 22(5)
Openalex Percentile: Top 83%
Educational Reforms and Innovations
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Restoration of the Discussion on the Possibility of Compensation for Moral Damage to a Legal Entity — E.A. EVSTIGNEEV · Zakon (2025) | TGRS Research Map | TGRS